23/12/2009

Today I received the much awaited reply from Waitakere city – the letter where by AWINZ relinquished its approved status.

the letter signed By Wyn Hoadley as Chair person . It is interesting as it states that the trustees met with senior Maf officials on 11 August and gave notice of their intention to give notice to the minister . cf audit report

The” trust “ never incorporated and in 2006 Nuala Grove ( whose husband I believe was a former Judge ) and Sarah Gilltrap ( whose husband is Richard Giltrap of Giltrap Toyota) “resigned” this meant that the trust which requires no less than 4 members (according to its deed ) now had 2 .

We formed our trust on 12 April 2006 and incorporated it on the 27-APR-2006.We called our trust the Animal welfare Institute of New Zealand our successful registration proved that the statements made in the application to the minister and the subsequent correspondence was false as to the claims of incorporation. ( and so was the application for funding )

Despite the requirement of 4 trustees and the requirement for them to be at least bound by a deed, there were now three “trustees” on the trust which used the trading name Animal welfare institute of New Zealand . Wyn and Two others took action against us for Breach of fair-trading. And passing off, even though Wyn and the other two had never traded as AWINZ and had “formed” their Trust ( without any documentary proof) they took action against a legally constituted entity for the purpose of forcing us to give up the name so that they could legitimise the shaky ground they were on.

Now we were legally registered and had IRD donee status. They were but a trading name for three people who did not have a trust deed. When I started blowing the whistle that they claimed to have donee status and did not they hurriedly applied to the charities commission and found themselves wanting for a trust deed.

Unincorporated trusts do not enjoy perpetuity, and there are serious legal issues surrounding the claim of one AWINZ claiming to be another. An unincorporated trust can only sue or be sued through its individual members and so you could never sue this AWINZ as without sighting a deed there was no accountability. No trust deed was on record prior to June 2006.

In Mid 2006 Wyn put her name to a fund raising flyer, I phoned her and expressed to her my concerns about being sued. I asked if the trustees form her trust and the trustees of ours could meet with view of resolution. Her reply was simple “ I am not the messenger “

Wyn has been fully aware of the court action against me and has supported it even turning up at court one day with her purchases from Smith and Caughey . She is a barrister and I am disappointed that she has supported this action and I cannot believe that a barrister would not know of the finer details of the legalities of trusts or at least if so closely involved take the time to find out.

Barrister Wyn Hoadley is an Auckland Regional Councillor and chair of its finance committee. She is a former North Shore City councillor and was mayor of Takapuna City from 1986 to 1989. She is patron and trustee for various North Shore performing arts, sport and community organisations.

She holds the New Zealand Suffrage Centennial Medal 1993 and the New Zealand 1990 Commemoration Medal and is a Companion of the Queen’s Service Order for Public Services (QSO).

Tom Didovich had to leave his Waitakere city job because of a personal relationship with a staff member. Neil Wells took over his role. Tom then obtained work with the RNZSPCA where he has had various roles and is now SPCA NZ National Branch Support Manager

21/12/2009

Kiwisfirst has published an article about Judge Joyce trawling the internet during the course of his deliberations on my case. Interestingly Justice Rodney Hansen commented on Judge Joyce’s unfavourable view of me- what did he see on-line that cause him to have such a view ? How could I possibly have defended any thing he saw? read article

Grace you must love this stuff..To be honest I am so over you and your battles… do me a huge favour take me off your list and your private hell…give peace and honest people a rest.Happy New year Bob Harvey

You have previously acknowledged that Wells is a colleague of yours from advertising days, You worked together on the labour campaign that got the Kirk government into power.

Neil Wells Managed to get approval for his non existent organisation when you were president of the Labour party .

It appears to me that you either trust him so much you cannot see the reality with regard to AWINZ which he controls and contracts to as Animal welfare manager or you know more and just wish this would go away.

The OECD defines contracting under these circumstances as Corruption , but it is good to see that Waitakere City condones such practices. In any case making an application to the minister with false information is surely not something to be defended? And why was I sued for questioning the false application , our courts are full of lesser people who have been charged and sentenced for making false claims in applications to the government , why is this one different?

I wish I had known that you condoned this practice before I asked questions about it. My Battles began when I was sued for defamation and prevented me form having a defence of truth , my battle was to prevent the loss of the vast sums money which I have had to pay to defend myself against the action he took against me using charitable funds ( being public donations from the residents of Waitakere ) This is called Slapp action overseas where there is legislation to protect whistle blowers.

I realise a lot of covering up has occurred and I also realise that to expose the true extent of this corruption will take many others with it so the old boys have to work together to keep that woman quite.

The fact that my family has been torn apart and I have lost everything I held dear only encourages me to speak out about this injustice , I have nothing to fear Bob you have helped and supported this process which has taken everything I valued from me. I have nothing else to lose .

I will not stand by and see this happen to any one else, too many people in Waitakere city council have lost their jobs over this, it is time that the corruption in your city is exposed. Your HR department has made good use of confidentiality agreements .. I am certain that AWINZ is but the tip of the iceberg.

What this proves is that in New Zealand we keep our least Corrupt status by silencing those who question corruption .

Bob – Mayors should not be seen to condone corruption. Corruption exists in new Zealand it will only flourish if it is condoned. I will post this and your reply on my blog https://anticorruptionnz.wordpress.com

17/12/2009

I am addressing this to the head office of the Baptist church and passing it to other branches for transparency.

It is timely that I make this request of the church as this is Christmas time the season of joy and good will to all men.( and hopefully Women ) Luke 11:9

My Christmas is some what different this year , my life , my family has been torn apart by a elder of the Laingholm Baptist church, a barrister who through false evidence sworn on the bible in court has discredited me , it appears nothing has changed since the time of Jesus. Luke 11: 37-53

My Crime which has cost so much ,( financially and personally ) was to question the activities of this elder of the Laingholm Baptist church a man who according to the constitution of the church should portray the qualities displayed in 1 timothy 3: 1 -7.

This is to me the most unchristian thing to do and here a man of the cloth has become living proof that the parable of the good Samaritan is still true to form. Mathew 23:28

My issue is that I am still on the road side bleeding; I am still being beaten up by a member of your church community. My question is how many of you will pass me by and is there a Good Samaritan amongst you who will assist or are you all going to cross over to the other side of the road.

I make this plea to you first because out there in the Christian community there must be some one who believes that this is not right.

We cannot pretend to be one thing and act as another to do so would not be Christian and when by silence others condone these false hoods in character, then we truly are on the path to a Godless society and a Godless society is GOOD LESS .Exodus 23:1 ,

Our Father, who art in heaven,
hallowed be thy name.
Thy Kingdom come,
thy will be done,
on earth as it is in heaven
Give us this day our daily bread.
And forgive us our trespasses,as we forgive those who trespass against us.And lead us not into temptation,
but deliver us from evil.
For thine is the kingdom,

the power and the glory,

for ever and ever.

Amen

Blessed rather are those who hear the word of God and obey it

I hope to hear from your church so that this matter can be resolved for all parties and the common good of New Zealanders.

Bear that clip in mind and then please don’t ignore my request or look for ways to “ write it off “

For convenience I have hyperlinked documents to show that I am not making this up

Please take it seriously questioning this corruption has come at a far too great a price for me and no New Zealander should have to go through what I have been through for asking simple questions of corruption.

Both MAF and Waitakere city have sunk public funds into the setting up and facilitating this private body which without proof of independent existences became an approved organisation under the Animal welfare act and undertook law enforcement work, piggybacking its “charitable” work off the back of council .

To clarify the situation AWINZ is like a SPCA , but instead of fund raising and using the charitable funds to employ staff, pay for facilities and resources, AWINZ ,run by the manager animal welfare Waitakere uses council staff, resources , facilities and vehicles to carry out its work , which is prioritised over council work . The donations solicited from the public have been used to sue me to keep me quite.

The current trustees formed a trust in December 2006 to obtain charitable status for which real evidence was required , the purpose was changed, the name had a The added, the trustees were different. ( see earlier deed )

As soon as the trust deed materialised two trustees resigned and the trust “existed“ against its own terms deed where by 4 trustees were required.( 7 (a))

The person who signed the contract purportedly for AWINZ is now the head of animal welfare Waitakere and therefore effectively contracts to himself.( which the OECD says is a corrupt practice)

Public money was banked into the AWINZ bank account over which the person who made the application to the crown , was the only one to have access and control over.

As manager animal welfare Waitakere contracting to AWINZ Council allowed him to solicit public funds by sending out a flyer with the dog registration, this money also went into the AWINZ account.

As Barrister he undertook animal welfare prosecutions which arose out of the investigations of council employees, money obtained by offering diversion was paid into the AWINZ bank account only he controlled.

Staff at Waitakere still hold AWINZ warrants despite the minister claiming that AWINZ has relinquished their approved status.

I here by request an investigation of the use of MAF’s resources and Waitakere Cities resources with regards to the setting up and operation of AWINZ in terms of section 18 of the public audit act 2001

18 Inquiries by Auditor-General

(1) The Auditor-General may inquire, either on request or on the Auditor-General’s own initiative, into any matter concerning a public entity’s use of its resources

I am happy to provide the auditor generals office with more evidence than those hyperlinked above Maf has also incurred costs with the crown law office for a legal opinion and many hours of research for the purpose of deciding if this organisation was suitable to be approved.

As it turned out no one ever checked the most elementary parts of the application in that the application made was made using a false name, a false claim that the organisation existed and that it had a registered office.

I am a whistleblower who has paid a very high price for questioning corruption in New Zealand . I have found it impossible to question corruption and found that the judicial system protects white collar criminals and that Transparency NZ prefers to remain ignorant of the reality.

I have sent an open letter to Transparency International NZ and they have not replied to my open letter which was sent to them and posted here

What was I blowing the whistle on.. A Private law enforcement organisation which does not exist.. it is founded on lies to the minister – Lies which the Court condoned.

Why do they not reply why are they ignoring corruption in New Zealand ? why do they say fight it then stand by as David takes on Goliath ?

The Transparency International web site says

Who Should Join Transparency International (New Zealand)?

If you are concerned with issues of transparency, accountability and corruption both here in New Zealand and internationally, you should consider membership of Transparency International (New Zealand).

So please tell me why was I turned down for membership and why will transparency NZ not provide me with a reply ?

Today we extend our questions over the ditch and will be asking our Australian cousins if New Zealand TI is being transparent, Perhaps Australia can give their New Zealand associates a few tips on dealing with corruption .

In Australia they even have a page devoted to Whistle blowing as follows

Introducing Whistleblowing

A number of useful weblinks and PDF downloads are available at the Quicklinks page below.

Whistleblowing is one of the main means by which corruption is discovered, and as such is of interest to Transparency International and TI Australia. During 2001-2002 several high profile cases in the USA and Australia bought this subject again to public notice, and soon opinion and comment on the need for improved or additional protected disclosures legislation was being voiced.

So Why does transparency International New Zealand not want to know of the problems which Whistleblowers face and why do they ban whistleblowers from joining ?. It is not that I went to them for help , I went to them to let them know of the reality, the issues the obstacles the costs the lack of support, so that others would not have to endure the same. If they do not know what is going on how can they aim to fix anything.? When things go wrong there is a lesson to be learnt, if the lesson is not learnt others will suffer the same fate and other families like mine will be torn apart.

Transparency New Zealand there are none so blind as those who do not wish to see nor those as deaf as those who do not wish to hear.

If you choose to remain ignorant of the micro problems how could you possibly fix the macro ones?

I note that you have now changed your application form on line (and I also note that your on line rules and the rules made available at the meeting are different) Where is your transparency ?

Without being given a reason I was asked to leave. On my way out I took the time to explain to some of your members why I was there that in my line of work I see the reality that transparency it is but a word which is repeated often but in reality is an illusion and as such allows corruption to flourish.

I attended the AGM with Penny Bright and Vince Siemer , this is the same Penny Bright who is hailed in several of your publications as an anti corruption campaigner and in issue October 2008 is acclaimed for seeking an independent commission against corruption

Vince Seimer, like myself has been sued for speaking the truth , both of us have had penalties harsher than any criminal could expect and have been denied the right to defend our truth in court. Vince has been to Jail twice for speaking the truth and attempting to expose corruption. Our original innocence in believing we could question corruption has devastated our lives and ripped our families apart. We fell into this trap because we were assured that there was Transparency.

I was told by David Mac Donald that I was not welcome because of my association with other persons. ( what happened to freedom of association ) . Is it my association with these anti corruption campaigners or is it because I am ex police? Why is your decision making process not transparent and where are your guidelines for criteria for membership?

Your Annual report on page 3 states it is the role of TINZ to ensure that we expand the numbers playing the transparency game . So How does one qualify to become a member , if we don’t qualify who does?

I noted the flyers on the table and they state Corruption Ruins Lives Fight back This is exactly what we have been doing yet you do not welcome us as part of your organisation? Where are the guidelines from membership when did we ask you to take on our particular cases? I feel that we can contribute with our knowledge to show how there is no transparency , and have to ask if that is that what you are afraid of?

Your organisation encourages people to question corruption yet you do not wish to hear of the obstacles they have encountered, the corruption which exists and the transparency which does not exist, where are your checks and balances to verify that the work you are doing for the public funds you are receiving are actually attaining the objective?

Not wishing to be arrested , I left but Penny and Vince stood their ground after all you had our membership money what is so secret that we could not quietly attend your meeting you chose instead to have Penny and Vince arrested for Trespass. FULL STORY LINK

There is a lot here which does not make sense and to all I have told this story a response involving the word Hypocritical or derivatives there of is repeatedly heard. I would have thought that you would have welcomed us with open arms, we are not on about a single issue, our issue is the corruption and lack of transparency which exists in new Zealand TODAY , we are the foot soldiers fighting corruption in the field and you dare tell us that you only deal with Corruption on a Macro level .

I would like you to look at this clip this clip in my mind brings home the reality of the situation. I hope that I am wrong. I suspect that you are but keeping an illusion of transparency alive and seriously question the vested interest you and your members have on keeping the transparency perception alive instead of allowing reality to be exposed.

In terms of the privacy act I would like to have from you all information you obtained and collated about me from which your board made a decision to decline me and I would like to know which associations I have which render me ineligible for this fight for transparency and against corruption .

Thank you for your prompt reply Denis , could you please advise the act and section which allows “the Director of Animal Welfare.” To warrant your council officers as inspectors under the animal welfare act.

My copy of the legislation states that this is done through the minister on the recommendation of an approved organisation.

124 (2)The Minister may from time to time, on the recommendation of an approved organisation, appoint any person to be an inspector for the purposes of this Act.

Please advise by virtue of the Official information act

which council officers hold warrants under the animal welfare act and

which “ approved organisation recommended the appointment and

which “ approved organisation the council officers warranted under the animal welfare act are responsible to by virtue of section 122 1 d) the employment contracts or arrangements between the organisation and the organisation’s inspectors and auxiliary officers are such that, having regard to the interests of the public, the organisation is suitable to be declared to be an approved organisation; and (e) ii) subject to section 126, will be properly answerable to the organisation.

last Month I made a LGOIMA request to Waitakere city , this is a request for information under the local government official information and meetings act .

I had received information from MAF that the trustees of AWINZ were no longer wishing to be an approved organization under the animal welfare act. This was expressed in JULY It is now DECEMBER and Waitakere City have just responded that the animal welfare officers who are employed by them are still accountable to AWINZ

This is the OIA I sent on Tue, 10 Nov 2009 edited so that I don’t defame Neil Wells. ( Truth is never defamation but truth has cost me $200,000)

Official information act request for Waitakere City and the minister of agriculture and minister of local government

In 2006, I questioned the legitimacy of the approved organisation AWINZ ( animal welfare institute of New Zealand)

I had discovered that the statements made to the minister in 1999 by the Baptist elder ( who also co wrote the act) were PORKIES and made with intent of setting up his own business venture being to utilise territorial agency employees for a private SPCA type organisation.

The only place in new Zealand that this existed was in Waitakere where Neil Wells as trustee of the trust AWINZ -contract to himself as manager animal welfare so that staff could be trained by him for extra remuneration and he could collect donations for the AWINZ account which only he had control over. ( it’s a fact I can prove it – I don’t believe that that is defamatory)

I have recently been advised by Maf that the trustees of AWINZ ( trust deed dated 2006 ) have decided to relinquish the approved status. ( in this case the trustees are not those on the trust deed but are different ones,, not to be confused with the ones who sued me they didn’t have a trust deed )

I am now informed that the former AWINZ officers have become warranted through the RNZSPCA.I believe this was facilitated through Tom Didovich a trustee of AWINZ and also National Education & Branch Support Manager of the RNZSPCA.

By virtue of the OIA could you please advise

1. The mechanism by which the council employees have now become Spca officers,

2. please provide all documents discussions, minutes of council meetings , correspondence with relation to this .

3. Please also provide a copy of the contract between council and the spca which allows council employees to be deployed as RNZSPCA officers.

4. Please also advise if this role as RNZSPCA officer is voluntary and if it is are your employees aware that it is a voluntary role.

5. In 1999 local government NZ was opposed to council officers being used in a central government role please advise if there have been any changes to this regard.

6. I would still like to know why making a false representation to the minister with regards to claims that an organisation existed when it did not is not viewed seriously . why is this acceptable when it led to becoming a law enforcement organisation based on the fraudulent statements. ( as opposed to john davies and Marianne Thompson who were prosecuted for their lies )

It is indeed sad that people such as Nuala Grove and Sarah Giltrap , who put their names forward to be on a trust of such significance as AWINZ and SIGNED the trust deed chose to resign and remain silent as soon as questions were asked.

They also knowingly stood by as peoples lives were devastated and families ripped apart. at any time they could have spoken up at any time they could have made a difference .

Another such nominee is the pastor of the Laingholm Baptist church who like Sarah and Nuala, chose to cross over to the other side of the road and did nothing while people were unjustly being beaten up . Intervention by any one of these people least of all by a man of the cloth would have made a difference.

further nominees are MAF and he various government departments who prefer to turn a blind eye and while the larger wrong continues there are many who are prosecuted for far smaller transgressions,